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HomeMy WebLinkAboutEMain_943_PA-2014-01474 4 ti CITY P 1 11 ,~-October 7, 2014 Notice of Final Decision On October 7, 2014, the Community Development Director approved the request for the following: Planning Action: 2014-01474 Subject Property: 943-949 E. Main Owner/Applicant: Ron Deluca/Gabino Remigio Description: A Tree Removal Permit request to remove 13 trees of varying species, all greater than six-inches DBH, from the property located at 943-949 East Main Street. Twelve Cedar and Cypress trees were removed prior to approval. The remaining tree is an approximate 30-inch Maple tree is located in the front yard between the parking lot and structure. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09AD TAX LOT: 3801 The Community Development Director's decision becomes final and is effective on the 13th day after the Notice of Final Decision is mailed. Approval is valid for a period of one year and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.108.070(B)(2)(c). The ALUO sections covering' reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Michael Pina, in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 { www.ashlarrd,or.us ( SECTION 18.108.070(B)2 Effective Date of Decision and Appeals. B. Actions subject to appeal: 2. Type I Planning Actions. a. Effective Date of Decision. The final decision of the City for planning actions resulting from the Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13th day after notice of the decision is mailed unless reconsideration of the action is approved by the Staff Advisor or appealed to the Commission as provided in section 18.108.070(B)(2)(c). b. Reconsideration. The Staff Advisor may reconsider Type I planning actions as set forth below. i. Any party entitled to notice of the planning action, or any City Agency may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the staff advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. ii. Reconsideration requests shall be received within five (5) days of mailing. The Staff Advisor shall decide within three (3) days whether to reconsider the matter. iii. If the Planning Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten (10) days to affirm, modify, or reverse the original decision. The Staff Advisor shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. iv. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. c. Appeal, i. Within twelve (12) days of the date of the mailing of the Staff Advisor's final decision, including any approved reconsideration request, the decision may be appealed to the Planning Commission by any party entitled to receive notice of the planning action. The appeal shall be submitted to the Planning Commission Secretary on a form approved by the City Administrator, be accompanied by a fee established pursuant to City Council action, and be received by the city no later than 4:30 p.m. on the 12th day after the notice of decision is mailed. ii. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the city and whose boundaries include the site. iii. The appeal shall be considered at the next regular Planning Commission or Hearings Board meeting. The appeal shall be a de novo hearing and shall be considered the initial evidentiary hearing required under ALUO 18.108.050 and ORS 197.763 as the basis for an appeal to the Land Use Board of Appeals. The Planning Commission or Hearings Board decision on appeal shall be effective 13 days after the findings adopted by the Commission or Board are signed by the Chair of the Commission or Board and mailed to the parties. iv. The appeal requirements of this section must be fully met or the appeal will be considered by the city as a jurisdictional defect and will not be heard or considered. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 f ; Ashland, Oregon 97520 TTY: 800-735-2900 i( VAIS ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2014-01474 SUBJECT PROPERTY: 943-949 East Main APPLICANT: Gabino Remigio OWNER: Ron DeLuca DESCRIPTION: A Tree Removal Permit request to remove 13 trees of varying species, all greater than six-inches DBH, from the property located at 943-949 East Main~Street. Twelve Cedar and Cypress trees were removed prior to approval. The remaining tree is an approximate 30-inch Maple tree is located in the front yard between the parking lot and structure. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R=2; ASSESSOR'S MAP: 39 1E 09AD TAX LOT: 3801 i SUBMITTAL DATE: August 21, 2014 DEEMED COMPLETE DATE: August 29, 2014 STAFF APPROVAL DATE: October 7, 2014 APPEAL DEADLINE DATE: October 20, 2014 APPROVAL EXPIRATION DATE: October 21, 2015 DECISION The subject property is an eight-unit apartment complex located between East Main and C streets, east of Eighth Street, is zoned R-2, Low-Density Multi-Family Residential, and within the Railroad Historic District. The approximate 6,500 square foot property contains two, two-story residential buildings constructed circa 1965, with a small laundry room between them, and two parking areas each accessed off the street. Minimal landscaping is in place and has limited possibility due to the excessive amount of impervious surfaces presently on-site. Because the number of units exceeds that calculated by today's density standards, the property is considered non-conforming. Moreover, because development occurred prior to an adopted development code, an approved landscape plan does not exist. The applicant requests a retroactive approval for the removal of twelve trees without permits, and an additional removal request for a 36-inch Maple tree located between the parking area and building along the East Main frontage. AMC 18.042.13 requires an Tree Removal Permit for all trees greater than six- inches Diameter at Brest Height (DBH) within a multi-family zone. In speaking with the applicant, the trees removed were a mix of five Leland Cypress along the building's east elevation, five volunteer Cedars along the site's north building elevation, and two Cedars within a nine-by-ten landscape area between the two buildings. The applicant asserted that he was unaware that removal of the aforementioned trees required a permit. In previous applications, staff has consistently considered Leland Cypresses not to be `trees', therefore'exempt from requiring a permit. Looking at past aerial images, Google Streetview, and the photos staff took on-site, the five trees along the building's east elevation do appear to be Leland Cypress, therefore reducing the total number of trees removed without permits from twelve to seven. PA-2014-01474 943 E Main SUMP Page 1 F The Tree Commission reviewed the proposal at their September 4, 2014 regular meeting, and felt that the property owner should have been aware of tree removal requirements on multi-family zoned properties, or at least inquired with staff to what the process is for removing trees. Therefore, they recommended that the applicant come back before the commission with a mitigation and irrigation plan for this and any other off-site mitigation for review. Staff noted that in accordance with AM C18.61.084, mitigation for removed trees may be accommodated in one of three ways; on-site, on another property in common ownership or to the City of Ashland, or pay into the Tree Mitigation Fund as established by City Council. As for the requested Maple, the Commission agreed with the applicant in that the tree presents a potential danger to pedestrians by creating a tripping hazard, and due to its aggressive root structure can will cause damage to the building and utility systems, therefore removal is approved. In summary, staff believes that if the applicant came before the Commission to request removal prior to removing the trees that the commission and staff would have likely approved the request based upon the materials presented. However, as this is not the case, it is difficult for staff to assess the potential impact or removing the trees on this and adjacent properties. Additionally, despite being constructed before the adoption of our development codes, the removal of trees and changes to the site's landscaping requires the property to meet today's landscape and irrigation standards as listed in the Site Design and Use Standards. Ultimately, staff rather have compliance rather than enforcement on removal activities, Therefore with the replanting of trees and landscaping on this and other properties, staff believes that all potential sites will receive the benefit of having additional trees planted. Therefore, with the proposed trees being planted, removal will not have any adverse effects from run-off, erosion, tree densities, or species diversity of the area. In fact, replacement of potentially hazardous trees will be beneficial to the overall health of the existing trees, and enhance the overall character of the apartment complex and its residents. The criteria for a Tree Removal Permit are described in AMC Chapter 18.61.080, as follows: An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. 8. Tree that is Not a Hazard: The City shall issue a tree removal permit for a free that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable Site Design and Use Standards). The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property, The application with the attached conditions complies with all applicable City ordinances. Planning Action 2014-01474 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2014- 1474 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. PA-2014-01474 943 E Main St./MP Page 2 k 2) That the applicant is responsible for mitigating eight trees, accomplished by selecting a combination of options listed in AMC 18.61.084. A revised landscape and irrigation plan shall be submitted to the Planning Division, with review by the Tree Commission at their November 6, 2014 regular meeting. 3) All trees shall be planted and maintained according to the specifications in the City Tree Planting and Maintenance Guidelines. r ill Moln , Director Date Depart nt of Community Development PA-2014-01474 943 E Main SUMP Page 3 t PA-2014-01474 391E09AC 10400 PA-2014-01474 391E09AD 1900 PA-2014-01474 391E09AD 2000 SNOOK DAVID W MARKS MALIA ET AL BURNS JOHN M ET AL P O BOX 248 1808 SISKYOU BLVD 835 FOX ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01474 391E09AD 3100 PA-2014-01474 391E09AD 3200 PA-2014-01474 391E09AD 3301 JOHNSON RICHARD C/LINEA R COLBERT TRUST ET AL MKH PROPERTY 130 8TH ST 110 EIGHTH ST MANAGEMENT COMPANY LLC ASHLAND, OR 97520 ASHLAND, OR 97520 538 PARKSIDE DR ASHLAND, OR 97520 PA-2014-01474 391E09AD 3303 PA-2014-01474 391E09AD 3400 PA-2014-01474 391E09AD 3500 PRICE JOHN C/KELLER ERIN SMITH CAROL TRUSTEE ET AL HETLAND BARBARA I 973 C ST PO BOX 272 TRUSTEE ET AL ASHLAND, OR 97520 WILLIAMS, OR 97544 985 E MAIN ST ASHLAND, OR 97520 PA-2014-01474 391E09AD 3600 PA-2014-01474 391E09AD 3700 PA-2014-01474 391E09AD 3800 CAMPBELL RICHARD L ET AL HARTLEY JAMES W ROCO PROPERTIES LLC 975 E MAIN ST 4418 NE 137TH AVE 496 CLINTON ST ASHLAND, OR 97520 VANCOUVER, WA 98682 ASHLAND, OR 97520 PA-2014-01474 391E09AD 3801 PA-2014-01474 391E09AD 3802 PA-2014-01474 391E09AD 3900 DELUCA RONALD L TRUSTEE CHARTER JOSEPH M TRUSTEE QUAST JERRY TRUSTEE 228 MORNINGLIGHT DR 92 EIGHTH ST 300 GAERKY CREEK RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01474 391E09AD 4200 PA-2014-01474 391E09AD 5600 PA-2014-01474 391E09AD 5601 DELUCA RONALD L TRUSTEE HIGDON CRAIG R/HOCHBERG- BERNALES JULIE TRUSTEE.. 725 ROYAL AVE HIGDON DEIRDRE S 342 PERSIA AVE MEDFORD, OR 97504 3221 SE 54TH SAN FRANCISCO, CA 94112 PORTLAND, OR 97206 PA-2014-01474 391E09AD 5700 PA-2014-01474 391E09AD 5800 PA-2014-01474 391E09AD 8500 ROUPP BRADLEY D TRUSTEE HODGES POLLY E MC KINNEY RICHARD O 968 E MAIN ST 33 MORSE AVE TRUSTEE ASHLAND, OR 97520 ASHLAND, OR 97520 117 EIGHTH ST ASHLAND, OR 97520 PA-2014-01474 391E09AD 8700 PA-2014-01474 391E09AD 8800 SEIBER SUZANNE J BROCK RICHARD A 943-949 E. Main 880 C ST 881 E MAIN ST 8/29/2014 NOD ASHLAND, OR 97520 ASHLAND, OR 97520, 24 GABINO REMIGIO 6040 OLD STAGE ROAD CENTRAL POINT, OR 97502 is i AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On October 7, 2014 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2014-01474, 943-949 E. Main. a1 Sign' re of Employee I Documentt 10f712014 i i [a 1TIt ASHLAND TREE COMMISSION MINT F September 4, 2014 ~F c: CALL TO ORDER - Ashland Tree Commission meeting was called to order at 6:04 p.m. on September 4, 2014 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, Oregon. Commissioners Present Council Liaison Ken Schmidt - Absent Carol Voisin Gregg Trunnell Staff Russ Neff Michael Pina, Planning liaison Casey Roland Christopher John APPROVAL OF MINUTES - Neff motioned, and John seconded the motion, to approve the July 7, 2014 regular meeting minutes and the motion carried unanimously. WELCOME GUESTS & PUBLIC FORUM I No guests PLANNING ACTION REVIEW PLANNING ACTION: PA-2014-01226 SUBJECT PROPERTY: 345 Lithia Way APPLICANT: Double R Products OWNER: Hays Oil DESCRIPTION: A request for a Site Review approval to convert the Lithia Way Texaco located at 345 Lithia Way into a retail and restaurant establishment that sells growlers. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C- 1; ASSESSOR'S MAP: 39 lE 09BD; TAX LOTS: 1801 All commissioners visited the site. No ex parte contacts declared. Pina gave a brief staff report outlining the application's proposal to convert the existing gas station into a retail/restaurant establishment. The applicant will remove the pump island, canopy, and the air and vacuum stations, as well as decommission the underground gasoline storage tanks. The car wash bay will converted to the equipment and storage area, while the existing retail area will be enlarged through to the conversion of the mechanic bay to additional retail/restaurant area. In deliberating the request, the Tree Commission provided the following recommendations: That a revised size- and species- specific landscape and irrigation plan be submitted with building permit submittals. That the proposed street tree's be chosen from the Lithia Way Tree list, be staggered from one-another, and be fitted with perforated sleeve to protect the bark. Trunell motioned, John seconded, to approve the application as presented with the following recommendation: That a revised size- and species- specific landscape and irrigation plan be submitted with building permit submittals. That the proposed street tree's be chosen from the L Lithia Way Tree list, be staggered from one-another, and be fitted with perforated sleeve to protect the bark. The motion carried unanimously. PLANNING ACTION: PA-2014-01499 SUBJECT PROPERTY: 157 Garfield St. APPLICANT: Canopy LLC OWNER: Sue Lawrence DESCRIPTION: A Tree Removal Permit request to remove an approximate 26-inch DBH Mulberry tree from the rear yard of the property located at 157 Garfield St. The tree has been topped multiple times causing an increased possibility of failure. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'S MAP: 39 lE l0CB TAX LOT: 3601 All commissioners visited he site. o ex rte contacts de t N pa dared. Pma gave a brief staff report noting that the application proposes to remove a single 26-inch DBH Mulberry tree from the rear yard of one of the units. The applicant's findings state that the tree has been severely topped multiple times over the years, causing the tree to have a poor structure with weak attachments, and subsequently an increased risk of failure. Therefore attempting to restructure the tree via pruning is not an option. In deliberating the request, the Tree Commission was supportive of the request, however a specific mitigation tree what not proposed, therefore the Commission recommended that a minimum three-inch caliper tree be chosen as a replacement tree, or multiple trees at the minimum size of 1.5-inches, with irrigation. I' Neff motioned, John seconded, to approve the application as presented, with the recommendation that a minimum three-inch caliper tree be chosen as a replacement tree, or multiple trees at the minimum size of 1.5-inches, with irrigation. The motion carried unanimously. PLANNING ACTION: PA-2014-01474 SUBJECT PROPERTY: 943-949 East Main APPLICANT: Gabino Remigio OWNER: Ron DeLuca DESCRIPTION: A Tree Removal Permit request to remove 13 trees of varying species, all greater than six-inches DBH, from the property located at 943-949 East Main Street. Twelve Cedar and Cypress trees were removed prior to approval. The remaining tree is an approximate 30-inch Maple tree is located in the front yard between the parking lot and structure. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09AD TAX LOT: 3801 All commissioners visited the site. No ex parte contacts declared. Pina gave a brief staff report indicating that the applicant requests a retroactive approval for the removal of twelve trees without permits, and an additional removal request for a 36-inch Maple tree located between the parking area and building along the East Main frontage. The difficulty in reviewing this proposal is that being constructed in 1965, staff does not have an approved landscape plan on file, therefore, we have nothing in which to compare the proposal to. Nevertheless, AMC 18.042.1) requires an Tree Removal Permit for all trees greater than six-inches Diameter at Brest Height (DBH) within a multi-family zone. In speaking with the applicant, the trees removed were a mix of five Leland Cypress along the building's east elevation, and five volunteer Cedars along north building's northern elevation, and two within a nine-by- ten landscape area between the two buildings. The applicant asserted that he was unaware that removal of the aforementioned trees required a permit. 2 Pina noted that in similar situations, planning staff has issued citations for removal without permits. However in this case, since the applicant is requesting a permit for one of the trees on-site, staff would rather have compliance than enforcement on tree removal and replacements. In deliberating the request, the Tree Commission felt that the property owner should have been aware of tree removal requirements on multi-family zoned properties, or at least inquired with staff to what the process is for removing trees. However, if the applicant had came before the Commission to request removal prior to removing the trees, the commission and staff would have likely approved the request based upon the materials presented. However as this is not the case, it is difficult for staff to assess the potential impact or removing the trees on this and adjacent properties. Therefore, the Commission recommended that the applicant come back before the commission with a mitigation and irrigation plan for this property and any other off-site mitigation for their review. As for the requested Maple, the Commission agreed with the applicant in that the tree presents a potential danger to pedestrians by creating a tripping hazard, and due to its aggressive root structure can will cause damage to the building and utility systems, therefore removal is approved. Trunell motioned, Neff seconded, to continue the application at the next hearing, so that the applicant can develop a revised landscape and irrigation plan for this property and others in common ownership in which mitigation trees will be planted. The motion carried unanimously. DISCUSSION ITEMS Commission Roland, whom was absent last meeting, spoke about a replacement tree for the one in the plaza. Roland thought that perhaps rather than one single tree, a group of multiple trees placed in a way as to provide a greater canopy of shade may be another option. Pina stated that could be an option, but noted at the previous meeting, the Commission discussed this very topic and made a recommendation of a minimum four- to six-inches DBH, preferably a Burr or Red Oak; contain an appropriate amended soil mixture; planted in the fall according to City specifications. Commission Chair Trunell, whom was absent last meeting, discussed the need for standardized tree protection procedures on all city projects, equal to or greater than those the planning division requires of the public. Pina noted that at the previous meeting, the Commission also discussed this topic, and made a recommendation, however Trunell pointed out that a motion was made to this specified point. Trunell motioned, Roland seconded, that on all city projects within the right-of-way, that the City follows the same if not greater tree protection measures the planning division requires of the public. The motion carried unanimously. LIAISON REPORTS Carol Voisin, City Council Liaison - Voisin updated the Commission on the wok of the City Beautification Committee, and that the committee is seeking input from the Tree Commission on six areas downtown. These will be brought forth to the Tree Commission for their review in the coming months. 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Tv 4a q m r Y rcG +h~ `dy _ {k _ ~~kyyy z T,i 4109 • i - 4, w 4ok" L j Al- I V, I w i =1t 8f 1 ~ ~ ~ _ a F rlictometrY Planning Department, 51 Winbum Way, Ashland, Oregon 97520 IT Y >F 541-488-5305 Fax: 541-552-2050 www.ashland.orms TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: 2014-01474 SUBJECT PROPERTY: 943-949 E. Main OWNER/APPLICANT: Deluca/Remigio DESCRIPTION: A Tree Removal Permit request to remove 13 trees of varying species, all greater than six- inches DBH, from the property located at 943-949 East Main Street. Twelve Cedar and Cypress trees were removed prior to approval. The remaining tree is an approximate 30-inch Maple tree is located in the front yard between the parking lot and structure. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09AD TAX LOT: 3801 NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, September 4, 2014 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way. I NOTICE OF COMPLETE APPLICATION: August 29, 2014 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 12, 2014 'J2F1 / 944 ~ 94 6 C-0 950 I v i i 9- s43 917 - - - - 947 I SUBJECT PROPERTY: 1- E Mq/N Q ST 943-949 East Main Street. ~ L 39 1 E 09AD 3801 FFTTTT-n Property lines are for reference only, not -leable O 510 20 Feet The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. ient3 TREE REMOVAL 18.61.080 Criteria for Issuance of Tree ,.,..,oval - Staff Permit An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards, including but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints. The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. (ORD 2951, 2008; ORD 2883, 2002) DocumenO Y 3103 t. 34*1 ~G 9FV :t T~ IW2 _ ZJ low 580 4100 70004 4 PA-2014-01474 391E09AC 10400 rA-2014-01474 391E09AD 1900 rA-2014-01474 391E09AD 2000 SNOOK DAVID W MARKS MALIA ET AL BURNS JOHN M ET AL P O BOX 248 1808 SISKYOU BLVD 835 FOX ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01474 391E09AD 3100 PA-2014-01474 391E09AD 3200 PA-2014-01474 391E09AD 3301 JOHNSON RICHARD C/LINEA R COLBERT TRUST ET AL MKH PROPERTY 130 8TH ST 110 EIGHTH ST MANAGEMENT COMPANY LLC ASHLAND, OR 97520 ASHLAND, OR 97520 538 PARKSIDE DR ASHLAND, OR 97520 PA-2014-01474 391E09AD 3303 PA-2014-01474 391E09AD 3400 PA-2014-01474 391E09AD 3500 PRICE JOHN C/KELLER ERIN SMITH CAROL TRUSTEE ET AL HETLAND BARBARA I 973 C ST PO BOX 272 TRUSTEE ET AL ASHLAND, OR 97520 WILLIAMS, OR.97544 985 E MAIN ST ASHLAND, OR 97520 PA-2014-01474 391E09AD 3600 PA-2014-01474 391E09AD 3700 PA-2014-01474 391E09AD 3800 CAMPBELL RICHARD L ET AL HARTLEY JAMES W ROCO PROPERTIES LLC 975 E MAIN ST 4418 NE 137TH AVE 496 CLINTON ST ASHLAND, OR 97520 VANCOUVER, WA 98682 ASHLAND, OR 97520 PA-2014-01474 391E09AD 3801 PA-2014-01474 391E09AD 3802 PA-2014-01474 391E09AD 3900 DELUCA RONALD L TRUSTEE CHARTER JOSEPH M TRUSTEE QUAST JERRY TRUSTEE ET AL ET AL 300 GAERKY CREEK RD 228 MORNINGLIGHT DR 92 EIGHTH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01474 391E09AD 4200 PA-2014-01474 391E09AD 5600 PA-2014-01474 391E09AD 5601 DELUCA RONALD L TRUSTEE HIGDON CRAIG R/HOCHBERG- BERNALES JULIE TRUSTEE j 725 ROYAL AVE HIGDON DEIRDRE S FBO MEDFORD, OR 97504 3221 SE 54TH 342 PERSIA AVE PORTLAND, OR 97206 SAN FRANCISCO, CA 94112 PA-2014-01474 391E09AD 5700 PA-2014-01474 391E09AD 5800 PA-2014-01474 391E09AD 8500 ROUPP BRADLEY D TRUSTEE HODGES POLLY E MC KINNEY RICHARD O ET AL 33 MORSE AVE TRUSTEE 968 E MAIN ST ASHLAND, OR 97520 117 EIGHTH ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01474 391E09AD 8700 PA-2014-01474 391E09AD 8800 SEMER SUZANNE J BROCK RICHARD A 943-949 E. Main 880 C ST 881 E MAIN ST 8/29/2014 NOC ASHLAND, OR 97520 ASHLAND, OR 97520 ii AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On August 29, 2014 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2014-01474, 943-949 E. Main. Signature of Employee 1 Documend 8/29/2014 ~ i I I j L s s ,t i ^a , i ~ ~ i ~ -'G, - , ~ , ii' I I r i i I ~ I I n I FOC L I(2®C~E- ( rS, ijiq r s©a or~vC~ 7 c) yv.A66- --c4-C, cvk?cOc:r& ~,vi) t~ui~~~~r~~ l fL 2c~v~S r ~ caJ.S ® T-l C S [ pc ~S /o c) T- r-41 t-1 T- 1Jc~~ C t tai ~2a ~ 2 LS ~ r2 c: ~ ~ t ~ ~ t i~(C l~ y4 N (a /G/ ~0 6 k) O U CA -5 P 4c( TO /L ,6 pl "I :C- T tI C-S -r-rL,6c-5 fro 'e'- - ~ ; I, t` I; ~ ~ E ; ~ . f t ! , f ~ j 1 i ~ d, ~ ~ ~ ~ ua m~ ~ ~ ~ ~ v' ~ ~ ~ ~ ~a ~ ~ ~ ~ ~ ~ ® ~ ~4 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ y ~ ~ d ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ v ~ ~ ~ ~ ~ _I n\ } i " J I f f I { I zl~ I I i ) I i , i i i I~ ~~E ~ ~ LQ✓ ~ 5 ~ V~ ~ d2.C-, ~ 6 ~ t~ L~ ~ .S p U C Y~. ~ r2U ~,~1 ~ ~ iv `T o T i+c- s l rJG w rf L K A A) 7) T G T-r { C- ~ U r (r5 ~ sU ~ i~ J F c ~ i `-0 a c,v ,v J~v -r UJ & & o u> l-, -t-o 1U-- Pu2-C6- r; o r~ A T H a P--S II )q-r 13 6 - W 0 o D C M,4«) Kt. C1 tt der OA i 3 c' of Bi cq ~~ee9 e( ® s~S rr er cr j ~ e !7 L- iJu ~ I F aJ ~ Is M ~i N r U-) f j NINE PERMIT APPLICATION t r Planning Division 51 Winbum Way, Ashland OR 97520 CITY OF f A ASHLAND 541488-5305 Fax 541-488-6006 i DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES 0 NO ' Street Address IV) A i i (L R Assessor's Map No, 391E Tax Lot(s) Zoning Comp Plan Designation APPLICANT Name 6, bie / t) ~ 'fy r c° Phone d / - E-Mail 1 o. «t .~►.rti ff, fir(- Address ~a 0 ` I U' C c 5 c v ~.t CI too, ct ( Zip 7I U Z~ PROPERTY OWNER Name j<c5/ ~Ut'~1 Phone Sc(' c 1 E,-Mail r ~ Address. S- L City Zip ` JT SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Phone E-Mail Address City! Zip Title Name ' Phone E-Mail Address City Zip I hereby certify that the statements and information contained in this application, including the enclose drawings and the required findings of fact, are in all respscts, true and correct. I understand that all propbriy pins must be shown on the drawings and visible upon a site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that If this nest is subsequently contested, the burden Y411 be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact fumished Jusfifies the granting of the request; 3) that the findings of fact fumished by me are adequate; and further 4) that all structures or Improvements are properly located on the ground. - Failure In this regard will result most likely in not only the request being set aside, but also possibly i my structures being built In reliance thereon being required to be remouQd at ylexpense. IfI hqye any doubts, I am advised to seek competent professional advice nd assistance. AP. tcatrs Signaure - Date MSowner of the property Involved In this request, I have re nd understood the complete pl)cation and its consequences to mews a property owner. v~ Property Owner's Signature (required) Date '..poy,w~npte~dtra4•s~l f} _ tj o Date Received Zoning Permit Type is Piling Fee $ OVER tsp , Job Address: 943 EAST MAIN ST Contractor: ASHLAND OR 97520 Address: C A Owner's Name: RONALD DELUCA O Phone: Customer 07634 N State Lic No: L Lic No: P RONALD DELUCA T City Applicant: 725 ROYAL AVE R I Address: MEDFORD OR 97504 A C C Sub-Contractor: A Phone: (541) 944-2111 T Address: N Applied: 08/21/2014 0 T Issued: Expires: 02/17/2015 R Phone: State Lic No: Maplot: 391 E09AD3801 City Lic No: i DESCRIPTION: 8 plex. Tree removal i i VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Tree Removal/Verification 28.00 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 C I T Y i ~I I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts understood and agreed to the following: Building: $ 0.00 $ 0.00 1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 or regulation provisions relating to time lapse and revocation (180 days) Development Fees: $ 0.00 $ 0.00 . 2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00 required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00 3. Any modifications in plans or work shall be reported in advance to the department. Public Works Fees: $ 0.00 $ 0.00 4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 28.00 $ 28.00 or local laws, ordinances, or regulations rests solely with the Sub-Total: $ 28.00 applicant. Fees Paid: $ 28.00 IK" Applicant Date Total Amount Due: $ 0 COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.ocus Inspection Request Line: 541-552-2080 CITY F